Foursquare Personalization API (Self-Service) Public Beta End User License Agreement

Last Updated: February 29, 2024 

If you have already entered into an enterprise agreement for access to one or more of our Products below, for so long as such agreement remains active, it will govern your use of the applicable Product(s) and, unless otherwise stated in such agreement, the terms below will not apply to you.

This Foursquare Personalization API (Self-Service) End User License Agreement (the “Personalization API EULA”) applies: (i)  to the self-service Foursquare Personalization API which Foursquare makes available on a pay-as-you-go basis to users via the Foursquare Developer Portal currently located at foursquare.com/developers/login; and (ii) to the extent these terms are specifically referenced in your enterprise agreement with Foursquare. The Foursquare Personalization API – currently comprised of our ‘Personalized Search,’ ‘Discovery’ and ‘User Generated Content’ APIs – are intended to enable an improved discovery experience by personalizing place search based upon a user’s tastes, visit history and review sentiment. Capitalized Terms used but not defined in this Personalization API EULA have the meanings set forth in the Foursquare Developer Master Terms of Service.

1 – License Grant

Subject to your full compliance with the Agreement, during the Term, Foursquare grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, without rights to create any derivative works, to access and use the Personalization API to (a) develop, implement and integrate with application(s), website(s), product(s) and/or service(s) owned or controlled by you (“Your Service”); (b) call the Personalization API for Foursquare data (e.g., point-of-interest data)(“Foursquare Data”) and personalized data pertaining to your users (e.g., check-ins, lists, photos, ratings, tips, tastes and managed users) (“End User Data” and, collectively with Foursquare Data returned by the Personalization API, “Personalization Data”) using your Access Credentials; (c) use, reproduce, distribute, transmit, display and perform Personalization Data as part of Your Service; (d) provide customized engagement features, products, and content (including marketing/advertising content) to end users of Your Service; (f) enable the creation of certain end user-generated content (“UGC”); (g) conduct internal analytics regarding your end users’ use of the Company Service; and (g) create external reports, analyses and demos (“External Materials”), so long as: (i) you provide Foursquare with branded attribution in connection with any External Materials, (ii) no material portions of the Personalization Data are exposed to third parties (as used herein, “material portions” means a set of data that could be marketed independently), and (iii) the External Materials are not competitive with Foursquare’s then-current products or services. You may not use the Personalization API for any other purpose without Foursquare’s prior written consent.

2 – Foursquare Use of End User Data

Our Global Data Processing Addendum (“DPA”) governs the processing of any Personal Data (as defined in the DPA) contained in End User Data collected by the Personalization API from devices of end users of Your Service.

3 – Personalization API Requirements & Restrictions

In addition to the requirements and restrictions set forth in the Master Terms, you must also comply with the following in connection with your use of the Personalization API:

3.1 – Caching and Rate Limits. You must comply with the Personalization API caching and query rate limitations applicable to your Account-type (Self-Service “Pay as You Go”) set forth in our Usage Guidelines in the Developer Documentation. 

3.2 – Visual Crediting. You must provide Foursquare with branded attribution (i.e., ‘Powered by Foursquare’) on any page or screen within Your Service where Personalization Data may appear. You should review our Visual Crediting Policy to ensure that you are providing appropriate credit to Foursquare when displaying Personalization Data such that an end user would reasonably conclude that Foursquare is the source of such content. 

3.3 – Display Rights Restrictions. You must make commercially reasonable efforts to prevent any pages or other properties displaying Personalization Data within Your Service from being crawled. A contractual prohibition (including legally binding terms of service or otherwise) preventing end users from crawling Your Service could be considered commercially reasonable and sufficient. 

3.4 – Other Restrictions. In addition, you shall not do any of the following:

3.4.1 – Provide access to the Personalization API or Personalization Data to third parties, except as integrated into Your Service as permitted by the licenses granted hereunder;

3.4.2 – Make Personalization Data available to third parties in bulk;

3.4.3 – Allow third parties to systematically query Personalization Data to obtain all or substantially all Personalization Data for a given locality, region, or country; or

3.4.4 – Use Personalization Data to contact businesses included in Personalization Data as prospective customers. 

3.5 – Audit Rights. During the Term and for a period of six months thereafter, upon advance written notice, Foursquare may review your systems and applicable records as necessary to validate your use of Access Credentials, the Personalization API and all Personalization Data, during normal working hours, and without undue disruption to your operations. You acknowledge that Foursquare may disclose a copy of its findings to Foursquare’s data suppliers, upon their request, subject to standard confidentiality obligations.

4 – Compliance

You must comply with applicable Privacy Laws (as defined in the DPA) in relation to all Personal Data disclosed to Foursquare or otherwise processed by Foursquare on your behalf in connection with the Personalization API. You acknowledge and agree that, in connection with your use of the Personalization API, you are solely responsible for complying with Privacy Laws and other applicable laws, including without limitation (i) ensuring the accuracy, quality and legality of Personal Data, and (ii) providing any notices and obtaining any consents necessary to enable Foursquare to process Personal Data pursuant to this Personalization API EULA and the DPA. You must ensure that the instructions you provide to Foursquare in relation to the processing of Personal Data do not (i) violate Privacy Laws or any other applicable laws, or (ii) put Foursquare in breach of its obligations under applicable law. You acknowledge and agree that your use of the Personalization API will not violate the rights of any Data Subject (as defined in the DPA).

5 – DISCLAIMERS

THIS PERSONALIZATION API PUBLIC BETA IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ADDITIONALLY, YOU UNDERSTAND THAT THE PERSONALIZATION API IS STILL IN BETA TESTING AND THEREFORE MAY BE INHERENTLY LESS RELIABLE THAN OUR OTHER PRODUCTS. FOURSQUARE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, IN CONNECTION WITH THESE TERMS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

6 – Additional Terms

6.1 – If Your Service uses Foursquare’s ‘autocomplete’ feature of the Personalization API (i.e., the ‘Address Data API’ and ‘Autocomplete API’ as described in the Developer Documentation), this Agreement incorporates these autocomplete terms.

6.2 – If you need to make authenticated calls using an OAuth access token, please reference the Developer Documentation. In addition, in connection with any authentication for users of Your Service, you agree that you will not directly or indirectly transfer any data resulting therefrom, including user data of Foursquare user IDs, to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising or monetization related toolset, even if a user consents to such transfer or use.

6.3 – If you are a user of the geolocation software developer toolkit (currently known as Movement SDK), please reference our Movement SDK Developer Documentation.